Is drinking liquid from a clear, plastic cup prohibited?

What is the name of your state? New York

I was in Brooklyn, NY last night to see my friend's openning show in a gallery. Gallery was offering some drinks, so we took beer, in a small, clear, plastic cup and stepped outside. Police showed up and started giving out fines to everyone who was drinking anything. The fine is small, but was it legal what they did? How could they say we were drinking alcohol, not apple juice? No one had opened bottles or anything like that, just clear, small, "juice" cups. I know that there is a law prohibiting drinking alcohol on a street, but shouldn it be in a easly recognizable container with labels and everything? If I would be walking with a cup they woudn't be able to stop me for that, so how come they were able to disturb a nice friends gathering in front of gallery just for holding plastic cups with a liquid?

If you were drinking a legal to consume in public beverage, would you have not asked the officer to at a minimum smell the beverage to determine what it was? Beer does not resemble apple juice anyway so that argument is moot.

so how come they were able to disturb a nice friends gathering in front of gallery just for holding plastic cups with a liquid?

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Because it's against the law?????

toemas said:

was it legal what they did?

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Hmmm.... law says no drinking alcohol on the street. You were drinking alcohol on the street. Yep... sounds perfectly legal to me.

How could they say we were drinking alcohol, not apple juice?

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Were you actually drinking apple juice at the time?? If yes, then you have a pretty good defense. However, if you were actually breaking the law at the time you were cited.... then you have no defense.

shouldn it be in a easly recognizable container with labels and everything?

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If the statute prohibiting alcohol in public included that, yet. However, it doesn't.

so how come they were able to disturb a nice friends gathering in front of gallery just for holding plastic cups with a liquid?

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Hmmmm.... maybe because you WERE breaking the law??

Last I heard, if you plead guilty, it's a $25 fine. If you contest, (and lose), it can be up to $100.

Beer: foamy, corbonated, distinct odor ... apple juice: clear, no carbonation, distinct odor.

Good luck in your defense.

- Carl

CdwJava said:

Beer: foamy, corbonated, distinct odor ... apple juice: clear, no carbonation, distinct odor.

Good luck in your defense.

- Carl

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Maybe it was sparkling apple cider. In which case it would be corbonated, foamy, distinct odor(although not the same odor of beer)

WTF is a "juice cup"? Did people keep returning to the gallery's breakfast buffet to get more juice or did they roll the keg of juice outside where it was more convenient for the guests to get juiced up?

Home brew apple beer?

"I had two apple juices" just doesn't have the same ring to it.

gawm said:

Maybe it was sparkling apple cider. In which case it would be corbonated, foamy, distinct odor(although not the same odor of beer)

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Different foam and different consistency as well. The "head" dissipates quickly on sparkling cider - not so with beer.

Oh, did I mention I used to run a bar?

- Carl

CdwJava said:

Different foam and different consistency as well. The "head" dissipates quickly on sparkling cider - not so with beer.

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It probably doesn't make you smarter like beer does either!

Oh, did I mention I used to run a bar?

- Carl

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So basically, you've changed careers, but the customers have remained the same. I'll bet they were a whole bunch happier to see you when you were carrying a pitcher rather than a gun,,,,, probably left bigger tips back then too!

outonbail said:

It probably doesn't make you smarter like beer does either!

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Nor does it make the women look prettier.

I love it when people break the law and then try to split hairs to get out of it.

Examples:

This post.
Speeding ticket having wrong date on it (or parking ticket)
Signature in wrong place on any kind of citation

That's all I can recall at this time but there are many more examples...

outonbail said:

It probably doesn't make you smarter like beer does either!

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Yeah, but when I used to drink I THOUGHT it did.

So basically, you've changed careers, but the customers have remained the same. I'll bet they were a whole bunch happier to see you when you were carrying a pitcher rather than a gun,,,,, probably left bigger tips back then too!

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Accepting a tip now can be a crime.

- Carl

No doubt if you fight this the officer is going to say "in my many years of service I have found this substance to be of the smell and look of beer" or something to the matter.

You are guilty just man up and pay the fine. It is not worth fighting, especially since you know yourself you are guilty. Trying to get out of it is just plain juvenille.

Consider it the cost of having a little fun.